kaisersose
08-21 09:37 AM
May be it's true that labor and 140 belongs to the company, but they just can't take money from employees and sell it to someone.
Sure, they can. There was nothing in the law forbidding them from doing that and they abused the system badly which has resulted in a permanent ban on substitution.
You cannot do anything about them using the Labor for someone else. Perhaps you can do something about them taking money from you to file 485 and failing to do that. If you can prove this with a clear paper trail, then you stand a good chance on this one.
Sure, they can. There was nothing in the law forbidding them from doing that and they abused the system badly which has resulted in a permanent ban on substitution.
You cannot do anything about them using the Labor for someone else. Perhaps you can do something about them taking money from you to file 485 and failing to do that. If you can prove this with a clear paper trail, then you stand a good chance on this one.
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485Mbe4001
12-04 06:18 PM
India has PPF/PF and that money will go in you PPF/PF account, its not a black hole, infact it pays the highest interest and its secure. its very easy to get money out of your PF account. i took it out of my PPF account before i came to the US and promptly spent all :)
its another topic that SS repatriation will never be approved, especially retroactively.
Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
So I repeat my question..................Why is this good again?
its another topic that SS repatriation will never be approved, especially retroactively.
Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
So I repeat my question..................Why is this good again?
pady
08-20 03:39 PM
I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.
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qplearn
12-12 02:03 PM
I meant the bulletin released in Jan of 2007 which would be for the following month which would mean Feb of 07.
nitpicking are we ?? :-))
Ok, thanks. Thought that was typo.
nitpicking are we ?? :-))
Ok, thanks. Thought that was typo.
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gclabor07
12-01 12:21 PM
Pappu,
Thanks for the great analysis. One suggestion for USCIS. They need to make EB GC process a linear one, meaning that you file for labor, then I-140, and I-485 as soon as your first two stages are cleared. Concurrent filing process is a hit or miss. It doesn't make sense anymore when you've so much retrogression.
This linear approach will be good for USCIS for two reasons:
1. They will get constant flow of applications rather than all at once. Plus they can control it by regulating the flow of I-140 approvals.
2. They will be able to better predict the visa movement based on their inventory.
For people like me, it will be good for two reasons:
1. I'll enjoy similar EAD/AP benefits that most of the people enjoy who filed during July 07.
2. No more H1B stamping.
Thanks.
Thanks for the great analysis. One suggestion for USCIS. They need to make EB GC process a linear one, meaning that you file for labor, then I-140, and I-485 as soon as your first two stages are cleared. Concurrent filing process is a hit or miss. It doesn't make sense anymore when you've so much retrogression.
This linear approach will be good for USCIS for two reasons:
1. They will get constant flow of applications rather than all at once. Plus they can control it by regulating the flow of I-140 approvals.
2. They will be able to better predict the visa movement based on their inventory.
For people like me, it will be good for two reasons:
1. I'll enjoy similar EAD/AP benefits that most of the people enjoy who filed during July 07.
2. No more H1B stamping.
Thanks.
sameer2730
11-03 04:17 PM
Changing to vertical spillover will NOT help EB3 India or China. EB3 ROW is not current and it will suck up all overflow leaving EB2I, EB2C, EB3I and EB3C to their annual quota only. USCIS changing the process to horizontal spillover is the best thing that has happened to I and C community in the absence of immigration reform. Now there is at least some hope for EB3 folks to get a new job and apply in EB2, as at least that queue is faster. If we fight among ourselves and stop vertical spillover, it will only benefit EB3ROW as they will get all overflow from EB1 and EB2ROW. Please guys, let's not fight.
Totally agree! But I an fed up of everyone showing up and asking all the time "What about Quarterly Spillover?" all the time. It will make a difference of 6-7 months and its a real big deal to keep coming back and asking "Pappu did you ask about Quarterly Spillover? " on each bloody occasion. Let me tell you what most EB3 India think. You can spillover horizontally or vertically I get it the same time. So why should I care about this spillover BS. Just coz we were born in the same country! Anyways good luck to EB2 India applicants. Hope you get your GC's soon
Totally agree! But I an fed up of everyone showing up and asking all the time "What about Quarterly Spillover?" all the time. It will make a difference of 6-7 months and its a real big deal to keep coming back and asking "Pappu did you ask about Quarterly Spillover? " on each bloody occasion. Let me tell you what most EB3 India think. You can spillover horizontally or vertically I get it the same time. So why should I care about this spillover BS. Just coz we were born in the same country! Anyways good luck to EB2 India applicants. Hope you get your GC's soon
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eb3_nepa
12-04 08:06 PM
I'll belive it when i actually SEE it happen. Rediff and TOI report all sorts of stuff that is sometimes far from the truth. Remember when the bill was introduced in senate and was being debated, they published that the H1B increase bill has been passed! Let us get official word that this has happened and we can be happy after that.
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mattresscoil
01-04 12:32 PM
How many days before expiry can one apply for
1. EAD extension.
2. AP extension.
3. Since EAD extension is possible only because of 485 pending, is there a chance of risk, if employer withdraws 485 for some reason.
Thank You,
Bobby.
Robert Kumar:
EAD renewal can be filed 120 days prior to expiration.
AP renewal can be filed 120 days prior to expiration
EAD extention is possible on the basis of pending I485 application. This I485 application belongs to the applicant (you, spouse, family members). Your employer does not have the authority to withdraw the your I485 application. Your employer however has the authority to withdraw the underlying I-140 application.
If you have an approved I-140 and your I-485 application has been pending for more than 180 days, the revokation of your I-140 application by your employer will not have any effect. it may trigger an interview or an RFE for you to prove valid employment, which you should be able to prove (pay stubs, employment letter, tax returns) and beyond that there should be no risk what so ever.
1. EAD extension.
2. AP extension.
3. Since EAD extension is possible only because of 485 pending, is there a chance of risk, if employer withdraws 485 for some reason.
Thank You,
Bobby.
Robert Kumar:
EAD renewal can be filed 120 days prior to expiration.
AP renewal can be filed 120 days prior to expiration
EAD extention is possible on the basis of pending I485 application. This I485 application belongs to the applicant (you, spouse, family members). Your employer does not have the authority to withdraw the your I485 application. Your employer however has the authority to withdraw the underlying I-140 application.
If you have an approved I-140 and your I-485 application has been pending for more than 180 days, the revokation of your I-140 application by your employer will not have any effect. it may trigger an interview or an RFE for you to prove valid employment, which you should be able to prove (pay stubs, employment letter, tax returns) and beyond that there should be no risk what so ever.
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gcnj
02-13 12:14 PM
Hi Shana
Thanks for continous feedback ,I have question i'm planning to use ac21 ,but my current labor certification jon title code is 15-1031 (computer sepcialist engineer -Oracle) but my new job is DBA (application development -Oracle ) But the nature of the job responsibilites are same but i believe the Job code may change b'cos of the Title.
Do you think will this be a problem if i use AC21.
Your inputs will be greatly appreciated.
Thanks
GCNJ
Thanks for continous feedback ,I have question i'm planning to use ac21 ,but my current labor certification jon title code is 15-1031 (computer sepcialist engineer -Oracle) but my new job is DBA (application development -Oracle ) But the nature of the job responsibilites are same but i believe the Job code may change b'cos of the Title.
Do you think will this be a problem if i use AC21.
Your inputs will be greatly appreciated.
Thanks
GCNJ
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arukala
05-29 10:44 PM
Done
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chanduv23
10-10 12:30 PM
Once the dollar touches that low, expect huge salary cuts across the board for the employess of these companies.
I wish they invested in R and D and innovation and products instead of services. Service industry is mainly governed by dealing with cost efficient labor. These companies reach out to IITs IIMs get the best and brightest and dump them into the service sector and start earning on them.
If they changed their business modal and started investing in products and Rand D, it may not give them quick money, but the results will be beneficial on the long run.
I wish they invested in R and D and innovation and products instead of services. Service industry is mainly governed by dealing with cost efficient labor. These companies reach out to IITs IIMs get the best and brightest and dump them into the service sector and start earning on them.
If they changed their business modal and started investing in products and Rand D, it may not give them quick money, but the results will be beneficial on the long run.
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gchetna
09-08 07:12 PM
When you change jobs after 485 Filing, is it necessary to change with an EAD or I can get an H1B transfer. I may get laid off, and EAD has not come yet and I don't have the time for EAD to come through. Can I transfer H1B while 485 is pending for less than 180 days without it affecting 485. I will make sure that job duties are similar and I am fairly certain that employer will not revoke I-140. My assumption if that I need to be working on H1B or EAD to maintain legal immigration status and there can't be any gap between the two employments.
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lostinbeta
02-10 02:50 PM
Some people prefer to be anonymous I suppose.
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eilsoe
02-11 07:29 AM
I voted for ya too kit ;)
I was your first... :sure:
I was your first... :sure:
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gsc999
09-08 12:50 AM
Guys and Gals flying out of Northern California, please pm me. I need some of your luggage space. Nothing sensitive just banners etc. We can meet up near your place and I can hand-over the stuff to you
Also, don't forget to pack a formal suit for the lobby day. We will need it for sure.
Cheers!
g
Also, don't forget to pack a formal suit for the lobby day. We will need it for sure.
Cheers!
g
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sat
08-08 09:59 PM
what to do?
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RandyK
06-10 10:36 PM
Can anyone care to take a guess at this please. Especially seniors who are pretty familier with the backlog.
What I am trying to figure out is if the current backlogged cases for Indians are about 120K, how many could be there for China/Mex/Phil?
Could it be as high as 70K? or less?
I would appreciate someone taking crack at this.
My blind guess is about 50K. Leaving EB3 ROW with a backlog of 30K.
If China and Mexico and Philippines backlog is like 60 or 70K that means ROW will be current by the end of the next fiscal year.
This would result in over flow of the excess to retrogressed countries.
Can someone try to breakdown the 220K backlog per Mr. O, please.
According to Mr. O.
India = 120K
China = ?
Mexico = ?
Philippine = ?
ROW = ?
Thanks
What I am trying to figure out is if the current backlogged cases for Indians are about 120K, how many could be there for China/Mex/Phil?
Could it be as high as 70K? or less?
I would appreciate someone taking crack at this.
My blind guess is about 50K. Leaving EB3 ROW with a backlog of 30K.
If China and Mexico and Philippines backlog is like 60 or 70K that means ROW will be current by the end of the next fiscal year.
This would result in over flow of the excess to retrogressed countries.
Can someone try to breakdown the 220K backlog per Mr. O, please.
According to Mr. O.
India = 120K
China = ?
Mexico = ?
Philippine = ?
ROW = ?
Thanks
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MLS
06-26 03:05 PM
Congratulations !!
My PD is Oct 2001.
Can you please explain what you meant by
"Senator Inquiry 5 days ago yielded result that cards will be ordered in 30 days" ?
Did you send an inquiry ? And how ?
Thanks and regards,
MLS
PD Aug 2001
RD Jan 2005
CSC case transfered to NSC in Feb 07
Senator Inquiry 5 days ago yielded result that cards will be ordered in 30 days.
My PD is Oct 2001.
Can you please explain what you meant by
"Senator Inquiry 5 days ago yielded result that cards will be ordered in 30 days" ?
Did you send an inquiry ? And how ?
Thanks and regards,
MLS
PD Aug 2001
RD Jan 2005
CSC case transfered to NSC in Feb 07
Senator Inquiry 5 days ago yielded result that cards will be ordered in 30 days.
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newtoearth
07-29 02:13 PM
Dear fellow Indians stop argueing with him...
Its time waste....
He donot know that
1. India it self it is a diversified country.. with 18 official languages and many religions...over 2000 dilects...
2. India + China = More than 1/3 of the word... So there will be more people from those countries
3. All countries in the world are not same with population...
4. He is scared...
leave it..it is not worth to discuss with him
Its time waste....
He donot know that
1. India it self it is a diversified country.. with 18 official languages and many religions...over 2000 dilects...
2. India + China = More than 1/3 of the word... So there will be more people from those countries
3. All countries in the world are not same with population...
4. He is scared...
leave it..it is not worth to discuss with him
indio0617
12-20 12:42 PM
^^^^^
raj2007
05-14 08:10 PM
Divorce in India takes a minimum 1 year to adjudicate if you were married less than 1 year. Otherwise, it is up to the discretion of the judge. Courts in India require a 'cooling period', with 'counseling / mediation'. Latter is basically a a sham.
That said, as a trained mediator, and negotiator, I would say ... a win-win outcome is always better for all parties. What happens to be 'win-win' is of course subjective.
Good luck in whatever you do! Trust me, things always work out well in the end.
It is very complicated to get divorce in India, if your wife don't file with you. Divorces are valid in India when there is no fraud and agreed by both the parties.
That said, as a trained mediator, and negotiator, I would say ... a win-win outcome is always better for all parties. What happens to be 'win-win' is of course subjective.
Good luck in whatever you do! Trust me, things always work out well in the end.
It is very complicated to get divorce in India, if your wife don't file with you. Divorces are valid in India when there is no fraud and agreed by both the parties.
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